A man with a “serious drink and drug problem”, who breached a safety order, was recently handed a suspended prison sentence.
The man, who cannot be named for legal reasons, appeared before Judge Kevin Staunton at an in-camera (closed to public) sitting of Waterford District Court this month.
He pleaded guilty to breaching a safety order, contrary to Section 33 (1) of the Domestic Violence Act 2018. This related to an incident that occurred in January this year, where he stormed out of the family home.
Inspector Niall Daly told the court that on an evening in January, Gardaí were called to a house in Waterford City after receiving a report from a woman about her son.
The Inspector said that the woman alleged she had asked her intoxicated son to leave the family home, after he smashed a plate and threw a candle at her.
Acting for the defendant, solicitor Ken Cunningham said his client went into custody following the incident. Mr. Cunningham stated that the accused lives at home with his mother and she shows him ongoing support, despite the incident.
However, the solicitor outlined that while his client has struggled with alcohol abuse, he has started to take steps to address his problems while in custody. It was noted in court that the accused has previous convictions, which include assault causing harm and public order matters.
Addressing the injured party, Judge Staunton said that it was “disgraceful” behaviour from the defendant, and that he was thinking of sending him to prison.In response, the woman said that the accused has “serious” drink and drug problems, and that she was unsure if a prison sentence would help this.
She asked the Judge to consider the possibility of rehabilitation for him.
Judge Staunton said that the accused showed “disgusting” behaviour towards his mother, and that he should be “ashamed”. He added that he was worried about the accused’s “propensity for violence” considering his previous conviction for an assault matter.
The Judge imposed a nine month prison sentence which was suspended for 18 months, on the condition that the accused attends counselling and rehabilitation, as directed by the Probation Service.
Funded by the Court Reporting Scheme
Robyn Power
